Matz v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Ho». Hermann Brumback, Judge. (1) Plaintiffs’ own evidence showed that they were not entitled to recover, and therefore the judgment should he reversed'. The deceased had crossed over the defendants tracks and got absolutely beyond any point of danger from the east-hound passenger train, the train which struck him; but a westbound freight train on the Chicago & Alton track caused him to run hack onto the Missouri Pacific track,…
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Appeal from Jackson Circuit Court. — Ho». Hermann Brumback, Judge. (1) Plaintiffs’ own evidence showed that they were not entitled to recover, and therefore the judgment should he reversed'. The deceased had crossed over the defendants tracks and got absolutely beyond any point of danger from the east-hound passenger train, the train which struck him; but a westbound freight train on the Chicago & Alton track caused him to run hack onto the Missouri Pacific track, immediately in front of the engine of said east-hound passenger train, and so close thereto that it was absolutely impossible for…
1Opinion of the Court
*280IN BANC.
2Per curiam
The opinion of Graves, J., in Division is adopted as the opinion of the Court in Bane.
All concur except Lamm, J., who is of opinion that the case should be reversed, but should also be remanded rather than reversed outright.
IN DIVISION ONE.
GRAVES, J.
The plaintiffs, who are husband and wife, bring this action for the alleged negligent killing of their child, Carl Matz. By the petition, it is charged that the child, a boy over ten years of age, was killed by a Missouri Pacific east-bound passenger train near the intersection of Chestnut and Guinotte avenues in Kansas City, Missouri, at…
3Cases cited1 opinion
- Holmes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
4Cited by5 opinions
- Ellis v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1911
- Quinn v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Semple v. United Railways Co.Missouri Court of Appeals · 1910
- Weber v. StrobelSupreme Court of Missouri · 1911
- Parrish v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910